A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. The police have up to six months to issue you with a speeding fine. Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, 2023 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. What happens if you're caught speeding? Keepers of vehicles and suspected drivers must reply and tell the police who was driving. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Hi Bryony Thanks for getting in touch. They can accept this or allow the matter to go to court where the fine can become bigger. It depends! If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. I am not saying that anyone should admit to speeding when they didnt do it. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. But a company cant get penalty points. How long after a speeding offence can you be charged? Firstly I currently have 6 points on my licence. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. Norwich The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. I hope that this information helps. What is a Notice of Intended Prosecution? You will need to respond requesting a Court hearing and once paperwork is received requiring you to enter a plea, it is highly advisable to seek specialist professional advice regarding possible defences. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. However, the most important thing is to stay calm and deal with the situation at hand. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. If you are not the registered keeper there is no time limit. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Hi Adrian I would try to get it resolved. Notice Of Intended Prosecution: What Next? These cookies track visitors across websites and collect information to provide customized ads. You probably are give me a call if you would like to discuss in more detail. We are so confused, we dont know what to do. A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. Stephen. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. They will get six points and a fine all of their own. To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of the offence. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. How do I challenge this charge. The name on the NIP is spelt wrong. That is a valid defence which is often successfully argued in court. Editor, Marcus Herbert. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. Lets look at what happens with a speeding case: When a speed camera or a police officer with a speed detection device sees a vehicle speeding they record the registration number. Their evidence will be tested at trial. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. If you need to discuss the details, give me a call on 03301116074. Not to be confused with genuine cases where someone did not receive the notice in the post. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Home> IS IT WORTH FIGHTING ON THESE GROUNDS? Click Answer. In the case of more serious offences, the case may be referred to the courts. The police didnt serve the NIP in time. You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. The police send out a notice to a suspected driver. The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. 2. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Patterson Law Limited is a law firm authorised and regulated by the. You have to respond to say who was driving or you might get 6 points and a fine. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). The cookie is used to store the user consent for the cookies in the category "Other. I have now received a follow up letter which says a copy of the charge was sent within the 14 day window, but to next door in error. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. The notice of intended prosecution (NIP) was sent to our old company address. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Can I check if there are circumstances including address change that may remove that constraint? Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. Written confirmation is being sent to you in order to confirm that no further action will be taken. At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. If the police have sent you a speeding fine what should you do? This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. These cookies ensure basic functionalities and security features of the website, anonymously. Please give me a call if you would like to discuss the evidence on 0330 111 6074. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. The company receives the notice from the police requiring the details of the driver. Hi John Thanks for getting in touch. Stephen. A person is charged with failing to provide driver information. In some circumstances, you might have a legitimate reason not to pay a fine. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . A notice of intended prosecution is issued by the police. The notice may be received several months after the alleged offence took place and still be prosecuted. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. If the car has been deliberately registered at the wrong address, there may not be any insurance in place and there could also be possible fraud charges due to a false registered address. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Hope this helps. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. I hope that it is obvious. The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? DVLA give the name and address of the registered keeper to the police. As a result we've received it some seven weeks late. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? The Notice of Intended Prosecution arrived after 14 days But it isnt necessary for the police to provide them at the fixed penalty stage. Membership and partnership organisations home. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. Within 14 days of your vehicle being caught speeding the registered keeper will be sent a; Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. Make sure that you get proof of postage and keep a copy of your response. They will need to confirm either that they were driving or confirm the details of who was driving. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. What I did notice was that the van was parked the other side of a set of double yellow lines across the gated entrance to a field, surely the camera vehicle was in breach of parking laws regarding double yellow lines regardless of which side it was parked. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. We do this from the outset of your case and throughout its duration. Whilst it is listed as an option, I feel within my rights to use the option. The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? I am sure that some people do get away with notice of intended prosecution loopholes and scams. We often link to other websites, but we can't be responsible for their content. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. For many people the best advice I can give as a motoring solicitor is to attend the course You have decided to plead guilty to speeding and you have a hearing date in the magistrates court. When the keeper gets the notice from the police they reply saying that someone else was driving. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Stephen, Hi Stephen I have received an NIP. This is done by issuing a Notice of Intended Prosecution (NIP). We Can Help. This website uses cookies to improve your experience while you navigate through the website. If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. What happens if I don't receive a NIP after 14 days? 551; see also Rogerson v Edwards above, and Carr v Harrison, The Times, November 18, 1966, the only report on this point, where it was held that the police in approaching the licensing authority in good time had shown reasonable diligence, though the authority had been slow in supplying the information). That is not a valid defence and it cant be argued in court. The police send out thousands of notices to drivers suspected of speeding and other offences every year. If you were stopped by the police it may have been given verbally. Regards Rob, Hi Rob. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. The police send out a requirement to provide driver information. Evidence will be required before a driver can be prosecuted for speeding. Formal Notice of Intended Prosecution Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. They go to extraordinary lengths to avoid justice. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Is there a defence for this? Thanks! Have you got any points already? The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. The form provided with the Notice of Intended Prosecution is a self-serving statement, as such it must be signed by the person providing the information, either in the format provided or similar written format. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. This paragraph should be read in conjunction with 2.202 in cases of accidents. Police often keep logs of returned mail. The cookie is used to store the user consent for the cookies in the category "Performance". London If you dont know who was driving your car at the time of an alleged offence, youll need to take advice from a solicitor who specialises in dealing with road traffic offences. The NIP has to be served on the registered keeper within 14 days. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. First of all, youll need to respond to the section 172 request to identify the driver. I am now in the 28 days reply period. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . The defence at court is that there is no evidence of who was driving. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. so obviously he cant complete the NIP form so what will happen next? Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Regards Timothy Bradshaw. All of the alternatives are worse than simply accepting the original penalty. When a driver has been going just over the speed limit the police offer them a speed awareness course. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Fines and costs are always more than 100 at court. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. If you have any information about who was driving your vehicle, wed always advise that you provide as much information as possible to the police, such as the names and addresses of potential drivers. It is a different type of firm enabled by technology and by new ways of working in the justice system. But lying during the process will be a disaster. Nottingham Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post.
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